[26 October 2020] Public hearings on the Draft Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups and the application of the ICT Sector Code will be held on 19, 20 and 23 November 2020 on a virtual platform.
[30 September 2020] In a judgement by the High Court on the unreported matter of Lesedi Africa Productions CC versus the Independent Communications Authority of South Africa (“ICASA”) and three others, Fabricius J provided some clarity on how section 13(1) of the ECA applies to changes in the ownership of a licensee. Please see here for a full overview.
[13 September 2020] ICASA recently reported to the Portfolio Committee on Communications that the final regulations are scheduled to be published in the 2020/2021 financial year (i.e. before 31 March 2021).
It is uncertain at this stage whether ICASA will be holding physical/virtual hearings in respect of the comments received to the Draft Regulations (see below). ICASA had suspended all public hearings following the declaration of the National State of Disaster, and has given no indication when/if these may resume.
[1 April 2020] The draft regulations in respect of limitations of control and equity ownership by HDGs and the application of the ICT sector code have had their date for submissions extended to 4 May 2020 (previously 3 April 2020).
[17 February 2020] ICASA has released draft regulations in respect of limitations of control and equity ownership by HDGs and the application of the ICT sector code.
Comments on the draft regulations are due by 3 April 2020, marked for the attention of Mr Peter Mailula – Project Manager (PMailula@icasa.org.za) / Ms Fikile Hlongwane – Project Leader (FHlongwane@icasa.org.za), and any interested parties are invited to indicate whether they require an opportunity to make further oral representations.
[9 May 2019] The Minister of Trade and Industry has published a notice designating and granting “final approval for Broad-Based Black Economic Empowerment Facilitator Status to the Government of South Africa represented by the Office of the Presidency for the full shares of 40.50% held in Telkom South Africa State Owned Company” for a period of ten years.
[15 February 2019] ICASA has released a findings document and position paper on the Inquiry into equity ownership by Historically Disadvantaged Groups and the application of the ICT sector code in the ICT sector:
[11 February 2019] Telkom has applied for BBEEE Facilitator Status, and the DTI has published Notice of this application inviting comments thereon by 15 March 2019, which can be directed to Ms Kumbe Mhlongo per email firstname.lastname@example.org. This should be noted in the context of the amendments dated 5 December 2018 to the Licensing Processes and Procedures for Individual Licences Amendment Regulations, 2018.
[8 May 2018] The submissions made in response to the Discussion Document can be found below:
- American Chamber of Commerce in South Africa
- Business Carrier Coalition
- Cell C
- George Matlakala
- Internet Solutions
- Kagiso Media
- Liquid Telecom
- National Association of Broadcasters
- Primedia Broadcasting
- South African Communications Forum
[19 April 2018] The public hearings have been rescheduled with the revised date being 16 and 17 May 2018, the programme for which can be found at the following link:
[20 March 2018] ICASA has postponed the public hearings with an indication that a revised date will be provided in due course.
[15 March 2018] ICASA intends to hold public hearings in respect of the discussion document, and has extended an invitation to those stakeholders who had previously submitted comments to make oral representations. The hearings will be held on 22 March 2018, the schedule for which can be found below:
[10 June 2017] The deadline for submissions has been extended to 30 June 2017, 16h00.
ICASA Act 2000: Extension of the closing date for submissions to the discussion document: Equity ownership by Historically Disadvantaged Groups and the application of the ICT Sector Code in the ICT Sector in terms of S4B of the Act, as amended
[20 April 2017] We have put together an overview of the discussion document, which can be found at the link below.
[3 April 2016] ICASA has initiated an inquiry under section 4B of the ICASA Act into transformation and broader ownership issues applicable to holders of electronic communications service and electronic communications network service licences.
Comments are due by 8 June 2017 for the attention of:
Project Manager: Ms Refiloe Motsoeneng
Tel: 011 566 3213
Fax: 011 566 3214
The purpose of the inquiry is to determine:
- how ICASA should approach the implementation the ICT Sector Code in light of the existing Historically Disadvantaged Groups/Individuals (‘HDG/I’) ownership requirements; and
- how ICASA can promote Broad-Based Economic Empowerment (‘BBBEE’), and equity ownership of HDG’s as required in terms of sections 9 and 13 of the Electronic Communications Act, 2005 (‘ECA’) (Act No.36 of
2005), as amended.